Warren Bros. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, 'pursuant to section 1279 of the Code of Civil Procedure. Judgment .ordered for defendant, with.costs, on the authority of Barber Asphalt Paving Co. v. Willcox (90 App. Div. 245). Settle order on, notice. Present — Patterson, P.' J.,'Ingraham, Laughlin, Clarke and Scott, JJ. Scott, J., concurred in á memorandum; Ingraham and Clarke, JJ., dissented.
1DissentClarke, J.
(dissenting); It appears by the agreed statement of facts that on or about the 16th of September, 1903, the park board of the city of New York duly presented to the board of estimate and apportionment of the city of New York a form of contract, and specifications, the terms of which had been duly settled *857by the corporation counsel as an act of preliminary specification to the bids or proposals and thereupon after due consideration the board of estimate and apportionment duly adopted the following resolutions: “Whereas, the commissioner of the Department of Parks for the Boroughs of Manhattan…
2Cases cited1 opinion
- Barber Asphalt Paving Co. v. WillcoxNew York Supreme Court · 1903